logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.04.25 2017가단505786
약정금
Text

1. Defendant B shall pay to the Plaintiff KRW 90,00,000 and the interest rate of KRW 15% per annum from May 26, 2017 to the date of full payment.

Reasons

1. The plaintiff's cause of claim against the defendant B as to the claim against the defendant B is as shown in the attached Form. The defendant B is deemed to have led to confession under Article 150 (3) and (1) of the Civil Procedure Act.

Therefore, Defendant B is obligated to pay to the Plaintiff the agreed amount of KRW 90,000,000 under the return agreement and damages for delay calculated at the rate of 15% per annum from May 26, 2017 to the date of full payment, as the Plaintiff seeks.

2. Determination as to the claim against Defendant C

A. In fact, Defendant C was an operator of “E Real Estate” in Osan City D, and had a friendly relationship with Defendant B operating the same certified brokerage business.

Defendant B conspired to acquire the rental deposit by subleting the above apartment as a real lessee of the rental apartment of 604, F511, Dong 604, Sinsan-si, the Korea Land and Housing Corporation (hereinafter referred to as the apartment of this case).

Accordingly, on March 4, 2013, Defendant C introduced the instant apartment, and entered into a sublease contract with the Plaintiff for a deposit of KRW 90 million, and two-year sub-lease contract with the Plaintiff, Defendant C concluded a sub-lease contract with the Plaintiff that “The Plaintiff will refund the deposit of the pre-lease deposit at the time of the eviction to the Plaintiff, and only the management expenses will be paid by entering into a lease contract with the Plaintiff for a two-year period, and the monthly rent will not be known whether G, the head of the house, was paid, and the monthly rent will be refunded to the Plaintiff without any problem.”

In fact, G entered into a lease agreement with the Korea Land and Housing Corporation regarding the above apartment, but around October 201, G transferred the above apartment to Defendant B through H, and the actual right holder of the above apartment is Defendant B, and the right holder of the right to lease of the apartment was designed to prevent the return of the deposit that can be paid to the victim only from a new tenant to receive the deposit. The deposit paid by the Plaintiff was paid to the previous resident, and Defendant B paid by the Plaintiff.

arrow